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Court rejects Duncan's death sentence appeal
Court Feed News |
2015/03/31 21:21
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A federal appellate court has dismissed the appeal of a man who was sentenced to death for kidnapping, torturing and killing a young northern Idaho boy after killing several members of his family.
Joseph Edward Duncan III faces the death penalty for the 2005 murder of 9-year-old Dylan Groene. He also faces several life sentences for the murder of three family members and the kidnapping of his then-8-year-old sister.
Duncan represented himself at his sentencing hearing and later waived his right to appeal. But he has since changed his mind and his defense attorneys say he wasn't mentally competent to waive his rights.
On Friday, the 9th U.S. Circuit Court of Appeals rejected that claim. The court said a lower court had correctly found Duncan competent. The justices said it was too late for Duncan to change his mind. |
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Battle flag at center of Supreme Court free speech case
Court Feed News |
2015/03/23 17:41
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Texas commemorates the Confederacy in many ways, from an annual celebration of Confederate Heroes Day each January to monuments on the grounds of the state Capitol in Austin. Among the memorials is one that has stood for more than a century, bearing an image of the Confederate battle flag etched in marble.
But you're out of luck if you want to put that flag on your license plate. Texas says that would be offensive.
Now the Supreme Court will decide whether the state can refuse to issue a license plate featuring the battle flag without violating the free-speech rights of Texans who want one. The justices hear arguments Monday in a challenge brought by the Texas division of the Sons of Confederate Veterans.
The group sued over the state's decision not to authorize its proposed license plate with its logo bearing the battle flag, similar to plates issued by eight other states that were members of the Confederacy and Maryland.
The First Amendment dispute has brought together some unlikely allies, including the American Civil Liberties Union, anti-abortion groups, Americans United for Separation of Church and State, civil libertarian Nat Hentoff and conservative satirist P.J. O'Rourke. |
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Court upholds death sentence for Pakistan governor's killer
Court Feed News |
2015/03/12 19:11
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A Pakistani court has upheld the death sentence of a man convicted of killing a provincial governor he had accused of blasphemy.
But the two-judge panel in Islamabad on Monday threw out the terrorism charges against him.
Mumtaz Qadri, a former police commando, was supposed to be protecting Gov. Salman Taseer in 2011 when he shot and killed him. Qadri's defense was that Taseer opposed Pakistan's so-called "blasphemy laws."
Qadri was convicted and sentenced in 2011.
It is unclear whether Qadri will be put to death as Pakistan has thousands of people on death row but also has a moratorium on carrying out executions. Prime Minister Nawaz Sharif partially lifted the moratorium in December, allowing it to be used in terrorism-related cases. |
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Court: Not disclosing HIV before sex is a misdemeanor
Court Feed News |
2015/02/25 19:32
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An HIV-positive man who told a partner that they could safely have unprotected sex should face a misdemeanor reckless endangerment charge, not a felony, New York's highest court ruled Thursday.
The Court of Appeals said Terrance Williams didn't expose his partner "out of any malevolent desire" to give him the virus that causes AIDS, though he lied about having the infection and his partner did get sick. The court said the Syracuse man didn't show "depraved indifference," which is necessary to support the felony charge.
The judges declined to decide whether HIV infection no longer "creates a grave and unjustifiable risk of death" because of advances in medical treatment. Two lower courts had reached that conclusion while knocking down the felony indictment to the lesser charge.
The felony could have sent Williams to prison for seven years. He still faces the misdemeanor and a possible year in jail if convicted.
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Anxiety over Supreme Court's latest dive into health care
Court Feed News |
2015/02/04 18:49
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Nearly five years after President Barack Obama signed his health care overhaul into law, its fate is yet again in the hands of the Supreme Court.
This time it's not just the White House and Democrats who have reason to be anxious. Republican lawmakers and governors won't escape the political fallout if the court invalidates insurance subsidies worth billions of dollars to people in more than 30 states.
Obama's law offers subsidized private insurance to people who don't have access to it on the job. Without financial assistance with their premiums, millions of those consumers would drop coverage.
And disruptions in the affected states don't end there. If droves of healthy people bail out of HealthCare.gov, residents buying individual policies outside the government market would face a jump in premiums. That's because self-pay customers are in the same insurance pool as the subsidized ones.
Health insurers spent millions to defeat the law as it was being debated. But the industry told the court last month that the subsidies are a key to making the insurance overhaul work. Withdrawing them would "make the situation worse than it was before" Congress passed the Affordable Care Act.
The debate over "Obamacare" was messy enough when just politics and ideology were involved. It gets really dicey with the well-being of millions of people in the balance. "It is not simply a function of law or ideology; there are practical impacts on high numbers of people," said Republican Mike Leavitt, a former federal health secretary.
The legal issues involve the leeway accorded to federal agencies in applying complex legislation. Opponents argue that the precise wording of the law only allows subsidies in states that have set up their own insurance markets, or exchanges. That would leave out most beneficiaries, who live in states where the federal government runs the exchanges. The administration and Democratic lawmakers who wrote the law say Congress' clear intent was to provide subsidies to people in every state.
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High court rejects military contractors appeals
Court Feed News |
2015/01/20 20:32
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The Supreme Court on Tuesday turned away three appeals from military contractor KBR Inc. that seek to shut down lawsuits over a soldier's electrocution in Iraq and open-air burn pits in Iraq and Afghanistan.
The justices offered no comment in allowing the lawsuits to proceed.
One lawsuit was filed by the parents of Staff Sgt. Ryan Maseth, who was electrocuted in his barracks shower at an Army base in Iraq in 2008. The suit claims KBR unit Kellogg Brown & Root Services Inc. was legally responsible for the shoddy electrical work that was common in Iraqi-built structures taken over by the U.S. military. KBR disputes that claim.
Dozens of lawsuits by soldiers and others assert they were harmed by improper waste disposal while serving in Iraq and Afghanistan. They seek to hold KBR and Halliburton Co. responsible for exposing soldiers to toxic emissions and contaminated water when they burned waste in open pits without proper safety controls.
The contractors say they cannot be sued because they essentially were operating in war zones as an extension of the military.
The Obama administration agreed with the contractors that lower courts should have dismissed the lawsuits, but said the Supreme Court should not get involved now because lower courts still could dismiss or narrow the claims. |
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